Dorney Park Nightly Fireworks Plan Rankles Residents

When Dorney Park makes its case for nightly fireworks Thursday at the South Whitehall Township Zoning Hearing Board, the room is expected to be packed with opponents.

One person who will not be there is the Board of Commissioners' solicitor, Joseph Zator. The board on Wednesday rejected the Cetronia Homeowners Association's request for Zator to represent the township at the Zoning Hearing Board.

The board's decision was a tie, which means the motion failed. President Tori Morgan and Commissioner David Bond voted for the solicitor to represent the board. Commissioners Dale Daubert and Thomas Johns voted against it. Commissioner Glenn Block was absent.

Dorney Park & Wildwater Kingdom wants to have nightly fireworks this summer and is appealing the township's interpretation of a zoning ordinance that classifies the fireworks as a nuisance and potential safety concerns in the commercial residential neighborhood.

Gary Ward, president of the Cetronia Homeowners Association, sent an email to the board requesting the township solicitor attend the Zoning Hearing Board because he wanted his legal expertise.

"The residents are in no way experts on the zoning laws of the township. The park, on the other hand, will have an experienced attorney to represent them who is an expert in the township's zoning laws, as well as a professional in the art of convincing and arguing."

Daubert wondered if sending the commissioners' solicitor to the Zoning Hearing Board was "a little out of line."

Zator said it was legal, but rare that a municipality will send its solicitor to object to or support an application at a zoning hearing.

Zator wanted clarification on what it would mean if he were sent to the meeting to support the ordinance, "because the whole issue in front of the Zoning Hearing Board is to decide what the ordinance says, what does it mean."

"We have residents who interpret it one way and we have staff who are interpreting it another way and Dorney interpreting it a different way," he said.

Resident Carol Haines, who said she "pounded the pavement" to get neighbors' opinions about Dorney's nightly fireworks, said there was "a groundswell against it."

Haines said she was frustrated the commissioners would not be able to do anything despite receiving numerous phone calls from opponents.

"We're fighting a two-ton gorilla and we're the little guy," Haines said.

Daubert asked her how neighbors would feel if Dorney fired silent fireworks.

Morgan said since Dorney Park is asking the Zoning Hearing Board for an interpretation of the zoning ordinance, and not a variance or waiver, conditions such as noiseless fireworks cannot be attached to it.

Community Development Director Gerald Harbison said he denied Dorney Park's request based on his interpretation of two sections of the zoning ordinance concerning noise and safety.

"The fireworks would go beyond the boundaries of the park, [with] noise, possibly fallout...the storage of fireworks is not permitted," Harbison said.

Zoning Officer Keith Zehner told the board the zoning ordinance specifically lists characteristics of a nuisance as bright flashes of light, smoke, noise, vibration, fumes, dirt, dust, debris.

Zehner said the ordinance also prohibits the storage of fireworks except for on industrially zoned properties. Dorney Park is in a commercial recreation district.